Memo

BILL NUMBER:S548B

TITLE OF BILL: An act to amend the environmental conservation law, in relation to the regulation of live restraint cable devices to take wildlife; and providing for the repeal of such provisions upon the expiration thereof

PURPOSE: To allow for the use of live restraint cables.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 states that live restraint cables may be used to take coyote and other species authorized by DEC, and allows for regulations to be promulgated by the DEC, further requires trappers using these devices must complete a training course

Section 2 is the effective date and expires the bill on February 16, 2016.

JUSTIFICATION: Live cable restraints are an effective tool for the live capture of many furbearer species including coyotes and meet international humane standards The association of Fish and Wildlife agencies has approved them as a best management practice for coyotes, red fox, grey fox, raccoon, beaver and bobcat.

Trappers use cable restraints as they are an inexpensive, efficient safe and easy to use tool. Cable restraints are effective in all weather conditions and are not as susceptible to the freeze-thaw conditions of the Northern Zone

The October 2012 management plan for bobcat in New York State talks about cable restraints as a best management practice approved device.

PRIOR LEGISLATIVE HISTORY: S. 4213 passed in 2011.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately and expire on February 16, 2016.

Text

STATE OF NEW YORK
________________________________________________________________________
548--B
2013-2014 Regular Sessions
IN SENATE
(PREFILED)
January 9, 2013
___________

Introduced by Sen. GRISANTI -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the environmental conservation law, in relation to the
regulation of live restraint cable devices to take wildlife; and
providing for the repeal of such provisions upon the expiration there-
of
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 5 of section 11-1101 of the environmental
conservation law is amended to read as follows:
5. Except as provided in subdivision 1 or 2 of section 11-0523 OF THIS
ARTICLE with respect to destructive and menacing wildlife, no person
shall (a) set or use a trap of the leg-gripping type having teeth in the
jaws; (b) set a LEG HOLD trap so that wildlife when caught is suspended;
(c) use, locate or set a snare or a device consisting of a noose of any
material whereby an animal may be taken, EXCEPT THE DEPARTMENT MAY, BY
REGULATION, AUTHORIZE THE USE OF LIVE RESTRAINT CABLE DEVICES TO TAKE
COYOTE AND OTHER SPECIES AS ALLOWED BY THE DEPARTMENT IN THE NORTHERN
ZONE. THESE REGULATIONS SHALL INCLUDE LIVE CABLE RESTRAINT DEVICES
CONSISTING OF AT LEAST ONE SWIVEL, A RELAXING LOCK, A DEER STOP, AND A
BREAK AWAY DEVICE. FOR THE PURPOSES OF THIS PROVISION:
(1) A SWIVEL IS A DEVICE INCORPORATED AT THE END OF THE CABLE
RESTRAINT WHICH ALLOWS THE CAPTURED ANIMAL TO FREELY ROTATE;
(2) A RELAXING LOCK IS A DEVICE THAT ALLOWS THE CABLE LOOP TO STOP
RESTRICTING WHEN THE CAPTURED ANIMAL STOPS PULLING;

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04616-03-3

S. 548--B 2

(3) A DEER STOP IS A DEVICE INCORPORATED INTO THE LOOP OF THE CABLE
RESTRAINT THAT KEEPS THE CABLE RESTRAINT FROM CLOSING BEYOND A SPECIFIED
CIRCUMFERENCE TO ALLOW DEER THAT MAY ENCOUNTER THE RESTRAINT TO ESCAPE;
AND
(4) A BREAK AWAY DEVICE ALLOWS THE LOOP OF THE CABLE RESTRAINT TO
BREAK OPEN WHEN A SPECIFIED AMOUNT OF FORCE IS APPLIED.
TRAPPERS USING LIVE CABLE RESTRAINT DEVICES MUST COMPLETE A TRAINING
COURSE IN THEIR CONSTRUCTION AND USE OFFERED BY THE DEPARTMENT.
S 2. This act shall take effect immediately and shall expire and be
deemed repealed February 16, 2016.

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